Singapore’s Court of Appeal recently upheld the law criminalizing sex between men, a ruling the lesbian, gay, bisexual, transgender and intersex (LGBTI) community in Asia sees as part of a growing conservative trend in the region. For example, in 2013 the Supreme Court of India overturned the 2009 decision of the Delhi High Court to strike down a 150-year-old law criminalizing same-sex sexual conduct. In Singapore, men who commit acts of “gross indecency” with other men can face up to two years in jail.

“We strongly condemn the decision,” said Midnight Poonkasetwattana, Executive Director of the Asia Pacific Coalition on Male Sexual Health. “Not only is it a major setback for human rights, but it comes at a time when other countries in the region are also showing reluctance to get rid of these antiquated and discriminatory laws.”

Roy Chan, President of the Singapore community-based organization Action for AIDS, said that the law was rarely enforced yet still had a negative impact. He said, “The law is a major factor in increasing the stigmatization of people living with HIV because it makes everyone afraid of being identified as a man who has sex with a man, a criminal person.”

Mr Chan thinks the only way to create a more open legislative environment is for LGBTI activists to speak out. “I don’t think enough people are coming out,” he said. “We need more architects, managers and business people to come out.”

Criminalizing same-sex sexual acts drives men who have sex with men underground and makes the population harder to reach with essential HIV prevention and treatment information and services. The number of new HIV infections is rising among men who have sex with men in many countries in the region. There are 18 countries in Asia and the Pacific that criminalize sexual relations between consenting adult men.

UNAIDS urges all governments to protect the human rights of gay and other men who have sex with men, lesbian, bisexual and transgender people, through repealing criminal laws against adult consensual same sex sexual conduct; implementing laws to protect them from violence and discrimination; promoting campaigns that address homophobia and transphobia; and ensuring that adequate health services are provided to address their needs.

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UNAIDS Asia-Pacific

The Regional Support Team provides timely and effective support to UNAIDS Country Offices in Asia and the Pacific, while working with regional partners to coordinate and provide programming and technical support to strengthen national responses.